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(영문) 부산고등법원 2015.02.13 2014누22243
변상금부과처분취소
Text

1.The judgment of the first instance shall be modified as follows:

A claim for restitution of unjust enrichment is filed against the principal claim of the instant lawsuit.

Reasons

1. Details of the disposition;

A. The Plaintiff is a corporation established for the purpose of multi-purpose food service business and franchise business, which operates a franchise store with the trade name “Grain” and the Defendant manages land and buildings located in Busan Educational University, a public institution established and managed by the Republic of Korea as the representative of Busan Educational University.

B. Around July 2010, the Defendant entered into a contract for the provision of coffee services (hereinafter “instant contract”) with the Plaintiff, among the students support colleges located in Busan Educational University (hereinafter “instant building”), the administrative property of which is the State property, to operate a coffee specialty. The main contents of the contract are as follows. The Plaintiff entered into a contract for the operation of coffee specialty points in the Busan Educational University from September 1, 2010 to the Plaintiff on the instant building as follows: (a) from September 1, 2010 to the Plaintiff, the Plaintiff entered into a contract for the operation of coffee specialty points in the Busan Educational University’s student support center in the Busan Educational University (hereinafter “instant building”).

Article 1 (Purpose of Contract) The Busan Educational University shall provide the plaintiff with relevant facilities related to the service provision business, and the plaintiff shall provide related services, including the operation of facilities, to improve the welfare of its members, such as Busan Educational University's faculty members and students.

Article 2 (Service Provision Field) Facilities of coffee stores to be occupied by the Plaintiff are as follows:

Article 3 (Contract Period) (1) of the 24 student support hall in the 24 student support hall in shift from the 20th student support hall of Busan Metropolitan City.) (1) This Agreement shall be two years from September 1, 2010 to August 31, 2012.

(2) Where the Busan Educational University or the plaintiff intends to terminate a contract, it shall notify the other party of the termination of the contract in writing two months before the contract expires.

(3) A contract between the Busan Educational University and the plaintiff two months prior to the expiration of the contract term.

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